Should I file married jointly?

[Nicole&Ilyess 3]

My husband and I got married in October of this year, and we filed AOS last month. I know its going to take awhile for that, so am I able to file my taxes for 2018 as married filing jointly? Should I go in and change my status now with my HR department as married? Thank you

[aaron2020 11,651]

If you are married on the last day of the year, Dec. 31, then you can file married filing jointly for the year.  On Dec. 31, 2018, you will be married, so you can file married filing jointly for 2018.

 

You can change your W-4 with HR at any time.  It has nothing to do with being able to file married or not.  The W-4 is to determine how much to withhold in taxes; tax exemptions. 

[Khallaf 650]

  On 12/6/2018 at 2:09 PM, Nicole&Ilyess said:

My husband and I got married in October of this year, and we filed AOS last month. I know its going to take awhile for that, so am I able to file my taxes for 2018 as married filing jointly? Should I go in and change my status now with my HR department as married? Thank you

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if your married now you filed married, its up to you to change things with your HR, if your W4 reflects married they take out less takes that is the only difference.

 

but since your husband is going to file taxes with you for the first time, and in my opinion you would want to file joint you get the added deduction, you will have to file by paper I think, not electronic since it is his first time filing taxes on his SSN.

 

I could be wrong though.

[Ben&Zian 4,398]

  On 12/6/2018 at 2:09 PM, Nicole&Ilyess said:

My husband and I got married in October of this year, and we filed AOS last month. I know its going to take awhile for that, so am I able to file my taxes for 2018 as married filing jointly? Should I go in and change my status now with my HR department as married? Thank you

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Yes, can file jointly or seperately, but yes file as married.

 

As for the HR department, depends what you want with it. For us, we both left our tax rate as single status so we collect biggest return in the end at tax time when we file married jointly., but that is totally up to you how you want it to go.

[Cyberfx1024 7,980]

  On 12/6/2018 at 2:09 PM, Nicole&Ilyess said:

My husband and I got married in October of this year, and we filed AOS last month. I know its going to take awhile for that, so am I able to file my taxes for 2018 as married filing jointly? Should I go in and change my status now with my HR department as married? Thank you

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You are married right, and your husband has a ssn? You can change your status whenever you want at HR. 

[Nicole&Ilyess 3]

He doesn't have a SSN yet! We filed for it before we married and it never went through the system they said he didn't have a status. We spoke with USCIS in person and they said they don't know why it never went through and now we are married nothing we can do but wait now. 

[Ksenia_O 696]

  On 12/6/2018 at 2:15 PM, Khallaf said:

if your married now you filed married, its up to you to change things with your HR, if your W4 reflects married they take out less takes that is the only difference.

 

but since your husband is going to file taxes with you for the first time, and in my opinion you would want to file joint you get the added deduction, you will have to file by paper I think, not electronic since it is his first time filing taxes on his SSN.

 

I could be wrong though.

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A First time filing doesn't mean an individual can not file a Tax Return electronically.

 

There is a box "First time filing Tax Return" to check in General Information part of 1040. Depends on software, of course, but  usually, yes, it's 'there".

 

[Khallaf 650]

  On 12/6/2018 at 4:16 PM, Ksenia_O said:

A First time filing doesn't mean an individual can not file a Tax Return electronically.

 

There is a box "First time filing Tax Return" to check in General Information part of 1040. Depends on software, of course, but  usually, yes, it's 'there".

 

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I know when my ex came here on a K1 and the first time we filed together, it required us to send it by mail, I didn't know if it had changed or not this was in 2012

[p-ana 933]

  On 12/6/2018 at 4:38 PM, Khallaf said:

I know when my ex came here on a K1 and the first time we filed together, it required us to send it by mail, I didn't know if it had changed or not this was in 2012

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I filed the first time electronically without problems (it was 2016)

[Ksenia_O 696]

  On 12/6/2018 at 4:38 PM, Khallaf said:

I know when my ex came here on a K1 and the first time we filed together, it required us to send it by mail, I didn't know if it had changed or not this was in 2012

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Probably, things have changed. Or - don't your remember if your ex had his SS# at the filing time? If he didn't, that would be the reason you had to mail your Tax Return for that year.

 

We filed our first "married"  Tax Return in 2014, as Married Filing Joint -  electronically . 

I came on a K1 visa as well.

My son (K2) filed his first Return ever, as a "Single, also in 2014, electronically.

 

I work for Bookkeeping, Payrolls & Tax Services Company, and every Filing Season we deal with first-time filers, a lot. As long as there is no Identity Theft and  they have valid SS# or ITIN, an  - electronical filing is not an issue. 

Edited December 6, 2018 by Ksenia_O

[MyJourney 276]

  On 12/6/2018 at 3:30 PM, Nicole&Ilyess said:

He doesn't have a SSN yet! We filed for it before we married and it never went through the system they said he didn't have a status. We spoke with USCIS in person and they said they don't know why it never went through and now we are married nothing we can do but wait now. 

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From the IRS perspective you can file married or separately, IRS does not care. But if you file married, jointly, it will boost your AOS with the USCIS. It shows that you are acting like a family + the additional deduction does not hurt either. 
You can get a tax identification number for your husband and still file married, jointly even if he does not have a ssn. I did just this last year. Good luck. 
 

[MyJourney 276]

  On 12/6/2018 at 4:55 PM, Ksenia_O said:

or ITIN, an  - electronical filing is not an issue. 

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That is the catch and @Khallaf hit the nail on its head on this. 

[lrjones02 4]

I will tell you this because I’m going through the same thing and have been researching and talking with tax prepares. If he does not have a SSN he can get ITIN. Once married you have to file as married whether joint or separately. The biggest thing here if you file jointly as of right now he is considered a non resident alien because he does not have a green card. If doing jointly you can make him a resident alien for tax purposes but you will have to report his world wide income and it will be taxed. You also have to sign a letter with both signatures saying you both agree to do it this way. Normally I do my own taxes but I plan on getting a professional this year to do mine if your are going to file jointly I would suggest the same thing. Also yes change your status with HR so it show up correctly on your w2.

[Tokenfreak 223]

  On 12/13/2018 at 3:42 AM, lrjones02 said:

I will tell you this because I’m going through the same thing and have been researching and talking with tax prepares. If he does not have a SSN he can get ITIN. Once married you have to file as married whether joint or separately. The biggest thing here if you file jointly as of right now he is considered a non resident alien because he does not have a green card. If doing jointly you can make him a resident alien for tax purposes but you will have to report his world wide income and it will be taxed. You also have to sign a letter with both signatures saying you both agree to do it this way. Normally I do my own taxes but I plan on getting a professional this year to do mine if your are going to file jointly I would suggest the same thing. Also yes change your status with HR so it show up correctly on your w2.

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How would the IRS even know how much money a foreign spouse made in their country?  It even would need to be converted to our money at an exchange rate and would that exchange rate be upon filling or when they received it?  I'm not sure this is right....is it?

[aaron2020 11,651]

  On 12/27/2018 at 6:03 PM, Tokenfreak said:

How would the IRS even know how much money a foreign spouse made in their country?  It even would need to be converted to our money at an exchange rate and would that exchange rate be upon filling or when they received it?  I'm not sure this is right....is it?

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The US tax system is self-reporting so that is how the IRS knows. 

 

You must convert to US dollars based on the rules stipulated in the US tax codes.

 

Not DIY if you are not familiar with international taxes.  Get a CPA.